Vivek Nitin Kantawala v. Niranjana Kulin Merchant (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd May, 2024.

CALLED FOR COMPLIANCE:

70. TP/280/2024 (ECHCBM02165022023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Raksha Tanna, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Vivek Nitin Kantawala, being the Sole Executor named under the Will of the deceased. Deceased Niranjana Kulin Merchant alias Niranjana Merchant alias Niranjana K. Merchant alias N. K. Merchant said to have died at Mumbai on 18.10.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Ms. Tanna, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.07.2018. The said Will is in English language.

3. Ms. Tanna, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the said deceased had predeceased her; the husband Kulin Bhagwandas Merchant also pre-deceased the Deceased and passed away in Mumbai on 18th December 1989. A copy of the Death certificate of the said husband is annexed as Exhibit - E to the Petition. The Deceased had no daughter/s adopted or otherwise. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased had given away their Son Chetan Kulin Merchant mentioned herein, in adoption to Prakash Merchant which was proved in RAD Suit No. 536 of 2013 vide Order dated 4th April 2022 passed by His Lordship Mr. Justice M. S. M. Y. Rachbhare. The said Order 4th April 2022 is annexed as "Exhibit F" to the Petition. The consent of the said Chetan is taken as abundant caution. Save and except as mentioned in para - 10 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son as mentioned in para - 10 is on record. Affidavits of Deepali Jimit Shah and Kirtikumar Khatau Dayal, both the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

02.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master